OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

February 29, 1984

                Area Director, Pittsburgh

FROM:           LINDA R. ANKU 
                Regional Administrator

SUBJECT:        Medical Exam Requirements Under 29 CFR 1910.1029

This is in reply to your request for guidance concerning the medical exam requirements of 29 CFR 1910.1029(j)(3)(iii)-(iv).

The medical exam requirements of 29 CFR 1910.1029 are initiated for employees who work in a regulated area for at least 30 days per year. The standard further requires under 1910.1029 (j)(3)(iii):

"Whenever an employee who is 45 years of age or older or with 5 or more years employment in the regulated area transfers or is transferred from employment in the regulated area, the employer shall continue to provide the examinations semi- annually, as long as that employee is employed by the same employer or successor employer."

Medical exams should continue to be given to employees who had worked in regulated areas of the coke oven and were transferred to non-regulated areas of the plant provided they meet the criteria of 1910.1029(j)(3)(iii).

The employees at the coke oven who are receiving supplemental unemployment benefits from Bethlehem Steel are not receiving wages from the Company as active employees but rather, by the definition of the benefits package, are unemployed. The benefits cease after a defined period of time based on service with the company or sooner if the employee obtains another job. The employer is not required to continue the exams for the terminated employees. The employer is required however to continue the exams as required under 1910.1029(j) if the employees are rehired.